Deal over pepper-spray lawsuit

Thursday

Sep 27, 2012 at 12:01 AM

By TERENCE CHEA Associated Press

The University of California has agreed to pay $1 million to settle a lawsuit filed by demonstrators who were pepper-sprayed during an Occupy protest at UC Davis last fall, according to a preliminary settlement filed Wednesday.

The Nov. 18, 2011, incident prompted national outrage, angry campus protests and calls for the resignation of Chancellor Linda Katehi after online videos shot by witnesses went viral.

Images of a police officer casually spraying orange pepper-spray in the faces of nonviolent protesters became a rallying symbol for the Occupy Wall Street movement. The demonstrators had been protesting steep tuition increases and police brutality.

Under the proposed settlement, UC would pay $30,000 to each of 21 plaintiffs named in the complaint and an additional $250,000 for their attorneys to split.

Katehi, who has publicly apologized for the incident, would be required to issue a formal written apology to each of the plaintiffs, who are current students or recent alumni.

If the $1 million settlement is approved, total costs associated with the incident could exceed $2 million, according to the Sacramento Bee newspaper. Those expenses come as UC faces the prospect of deep budget cuts if Gov. Jerry Brown's tax initiative fails in November.

UC and plaintiffs represented by the American Civil Liberties Union filed the preliminary settlement in U.S. District Court in Sacramento. The agreement, which was approved by the UC Board of Regents in mid-September, is subject to the approval of a federal judge, and parties have the right to appeal.

The settlement also calls for UC to set aside $100,000 to pay other individuals who can prove they were arrested or pepper-sprayed. The university would give the ACLU up to $20,000 for its work reviewing free speech and protest policies at UC Davis.

"It was felt that the proposed settlement was in the best interest of the university," said UC spokesman Steve Montiel.

UC officials believe the cost of going to trial would be more expensive than the cost of settling the lawsuit, Montiel said.

Plaintiff Fatima Sbeih, who recently graduated with an international studies degree, said she suffered panic attacks and nightmares after she was pepper-sprayed on the UC Davis Quad.

"I want to make sure that nothing like this happens again," Sbeih said in a statement. "The university still needs to work to rebuild students' trust and this settlement is a step in the right direction."

Never miss a story

Choose the plan that's right for you.
Digital access or digital and print delivery.